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2010 MarsdenLR 2663

HIGH COURT MALAYA KUALA LUMPUR
OMEGA SECURITIES SDN BHD – Appellant
Versus
DATO HAMZAH ABDUL MAJID – Respondent


Table of Content
1. main issues outlined for court determination (Para 4 , 5)
2. final judgment and order (Para 7)
1.1. By its Statement of Claim dated 28 November 07 the Plaintiff claimed for the sum of RM12,658,779.00 as at 18 April 05 being contra losses including interests in the sum of RM5,997,788.53 at the rate of 13.5% per annum calculated on a daily basis from 19 April 05 till the date of full settlement and costs against the Defendant.

1.2. The Plaintiff, a former stock broking company having been wound-up on 8.7.04 filed this action through its liquidator pursuant to s 236(2)(a) of the Companies Act 1965 .

1.3. On 4.9.97 the Plaintiff issued a letter of offer to the Defendant to open an individual share trading account. The Defendant accepted the offer and signed an undated individual account application form and an undated Margin Facility Agreement (MFA). The Plaintiff granted a Margin Trading Facility (MTF) of up to a limit of RM10 million to the Defendant to enable him to trade on the securities listed on the Kuala Lumpur Stock Exchange. At all material times, the Defendant being a client of the Plaintiff maintained a Margin Account vide Account No HA600/DLH.

1 April The Pla

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